


STATE OF MAINE 


AN ACT TO PROVIDE FOR THE 
NOMINATION OF CANDIDATES 
OF POLITICAL PARTIES BY 
PRIMARY ELECTIONS 


Adopted by the Qualified Voters of the State of Maine at 
Special Election held on the Eleventh Day of September 
A. D. 1911, and on the twenty-eighth day of September 
1911 proclaimed by the Governor, taking effect 
thirty days after said proclamation; incor¬ 
porating amendments to the same 
adopted by the 76th Legislature 


Prepared under the Direction of the Secretary of Stale 



JANUARY 1, 1914 


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STATE OF MAINE 


An Act to Provide for the 

Nomination of Candidates 
of Political Parties 

by Primary Elections 


Adopted by the Qualified Voters of the State of Maine at a Special 
Election held on the Eleventh Day of September, A. D. 1911 
and on the Twenty-eighth Day of September, 1911 pro¬ 
claimed by the Governor, taking effect thirty 
days after said proclamation; incorporat¬ 
ing amendments to the same adopted 
by the 76th Legislature. 


Prepared Under the Direction of the 
SECRETARY OF STATE 



JANUARY 1, 1914 






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AN ACT to provide for nomination of candidates of political 
parties by primary elections. 


Be it enacted by the People of the State of Maine, as follows: 

Section i. All nominations of candidates for any state or 
county office, including United States Senator, member of Con¬ 
gress and member of the state legislature, shall hereafter be made 
at and by primary elections to be held in accordance with the pro¬ 
visions of this act. The term “political parties,’’ as used in this 
act, is hereby declared to mean such political parties as at the 
gubernatorial election next preceding any such primary election 
polled at least one per cent of the entire vote cast in the state for 
Governor. Nothing in this act shall be construed as preventing 
the nominations of candidates under section four of chapter six 
of the Revised Statutes. 

Sect. 2. Not less than sixty nor more than ninety days be¬ 
fore the third Monday in June of each year in which a state 
election is held biennially, the political parties aforesaid shall 
each hold a state convention with such basis of representation 
and at such time and place and with such requisites as to call 
thereof and notice therefor as the state committee of each such 
political party may determine. All such state conventions first 
to be held under this act shall be so called by the appropriate state 
committee in office when this act shall take effect. At any such 
state convention the political party so represented shall formulate 
and adopt its declaration of principles, or platform, for the state 


Wliat offices Pri¬ 
mary applies to. 


“Political Parties” 
in meaning of act. 


Must Hold State 
Convention. 


Duties of Conven¬ 
tion. 



4 


PRIMARY ELECTION LAW. 


Nature of Com¬ 
mittees. 


Must Certify to 
Secretary of State. 


Vacancies, how 
filled. 


Municipal and 
Representative 
Class Committees. 


Nomination 

papers. 


election then next ensuing, elect a state committee, a district com¬ 
mittee for each congressional district, and a county committee for 
each county, severally of such number and to be elected in such 
manner as the convention may determine. The chairman and 
secretary shall thereupon forthwith certify to the Secretary of 
State the platform so adopted and the names of the members of 
the committees so elected. Such committees shall thereafter- 
wards, as soon as reasonably practicable, organize by the choice 
of a chairman and secretary and certify such organization to the 
Secretary of State; they may elect all other officers deemed 
needful, hold office until their next state convention hereunder, 
and perform such duties as may be imposed upon them by their 
respective state conventions. All vacancies for unexpired terms 
shall be filled by the county committee of the county wherein 
such vacancy occurs and due certificate thereof made to the Sec¬ 
retary of State, All such state conventions may transact such 
other business as shall not be inconsistent with the provisions of 
this act. All State, congressional, district and county commit¬ 
tees in office when this act takes effect shall so continue in office 
until their successors are elected hereunder. 

Sect. 3. All the city, ward, town, plantation and representa¬ 
tive class committees of the political parties aforesaid in office 
when this act takes effect shall be recognized as the lawful and 
regular committees of such political parties for such cities, 
wards, towns, plantations and representative classes. They shall 
continue to hold office until their successors are elected. Their 
successors shall be elected in such manner and with such tenure 
of office and duties, as the appropriate political party within such 
city, ward, town, plantation or representative class may from 
time to time determine. Each such committee shall fill all vacan¬ 
cies in its membership. 

Sect. 4. All committees created, elected or recognized under 
sections two and three of this act shall be deemed to be regularly 
elected general or executive committees within the meaning of 
section eight of chapter six of the Revised Statutes and of all 
provisions of this act. 

Sect. 5. Nominations for places on the ballots to be used at 
primary elections shall be made for each of the political parties 
entitled as aforesaid to representation thereon by nomination 
papers signed in the aggregate for each candidate of each polit- 


PRIMARY ELECTION LAW. 


5 


ical party by qualified voters within the electoral division or dis¬ 
trict, wherein such candidate is to be voted for, in number not 
less than one per cent, nor more than two per cent, of the entire 
vote cast for governor in the last preceding state election in the 
state at large, if the office for which such candidate is to be voted 
for is to be filled by the voters of the state at large or is for the 
office of United States Senator, otherwise not less than one per 
cent, nor more than two per cent, of such gubernatorial vote 
within the electoral division or district wherein such proposed 
candidate is to be voted for. All such nomination papers shall 
besides containing the names of the proposed candidates specify 
as to each, first, the name of the office for which he is proposed 
as a candidate; second, the political party which he represents ; 
third, his place of residence. There shall not be in any nomina¬ 
tion paper the name of more than one candidate proposed for 
nomination. Nomination papers shall be signed by members of 
the political party named therein for which the nomination is 
made. Each voter signing a nomination paper shall make his 
signature in person and add to it his place of residence. Each 
voter may subscribe his name to one nomination for a candidate 
for each office to be filled, and no more, except in cases where 
the office is to be filled by more than one person and in such cases 
only to the extent of such number. One of the signers to each 
such separate paper, or the person circulating the same, shall 
make oath thereon, or by certificate of oath annexed thereto, 
that he believes the signatures are genuine and that the persons 
signing are members of the political party named therein and that 
they reside within the electoral division or district for which 
the nomination is proposed. The State at large shall be consid¬ 
ered an electoral division within the meaning of this section; pro¬ 
vided, that nothing herein shall make it necessary for nomination 
papers for any candidate to be signed in the aggregate by quali¬ 
fied voters greater in number than ten per cent, of the last guber¬ 
natorial vote cast by the party of such candidate within the 
electoral division or district wherein such candidate is to be 
voted for. 

Sect. 6. No such nomination papers shall be signed before 
the first day of January of the year in which such primary elec¬ 
tion is to be held and all such nomination papers shall be filed 
with the Secretary of State on or before the first Monday of May 


Number of 
Signers. 


Must be signed by 
members of same 
political party. 


Can sign only one 
for same office. 


Must make oath 
signatures are gen¬ 
uine. 


Must not be signed 
before Jan. i of 
year of Primary. 


6 


PRIMARY ELECTION LAW. 


Candidates must 
accept in writing. 

May be amended 
under oath. 

In case of death of 
candidate. 


In case ballots 
have been printed 
how new name 
may be placed 
thereon. 


Nomination p a - 
pers open to public 
inspection. 


of said year. With such nomination papers there shall also be 
filed the consent in writing of the persons so proposed thereby 
as candidates, agreeing to accept the nomination if nominated at 
the primary election, not to withdraw, and, if elected at the state 
election, to qualify as such officer. Such nomination papers so 
filed, and being in apparent conformity with the provisions here¬ 
of, shall be deemed to be valid; and, if not in apparent conformity 
they may be seasonably amended under oath. In case any 
person who has been duly proposed as a candidate under 
the provisions thereof shall die before the day of the primary 
election, or shall withdraw in writing, so that the nominations 
shall be less than the number of the candidates required to be 
voted for by law, the vacancy may be supplied in the man¬ 
ner herein provided for such original nomination; or, if 
the time is insufficient therefor, then the vacancy may be supplied 
by the appropriate committee of the state, district, county, city, 
town, plantation or representative class by which such office is to 
be elected. The certificates of nomination made for supplying 
such vacancy shall state, in addition to the other provisions re¬ 
quired by this act, the name of the original candidate proposed, 
the facts causing the vacancy and the measures taken in accord¬ 
ance with the above requirements for filling the vacancy; said 
certificate shall be accompanied by the withdrawal, if any, and 
shall be signed and sworn to by the chairman or secretary of 
the duly authorized committee, if the vacancy is filled by commit¬ 
tee. The name so supplied for the vacancy shall, if the ballots 
have not been printed for the office already, be placed on the bal¬ 
lots instead of the original nomination; or, if the ballots have 
been printed, new ballots containing the new nomination shall, 
whenever practicable, be furnished, or slips containing the new 
nomination shall be printed under the direction of the Secretary 
of State, which may be pasted in proper place upon the ballots 
and thereafter shall become part and parcel of said ballots as if 
originally printed thereon. 

All nomination papers when filed shall forthwith be opened 
and kept open under proper regulations to public inspection 
and the Secretary of State shall preserve the same in his office 
not less than one year. 


PRIMARY ELECTION LAW. 


7 


Sect. 7. Whenever at the regular session of the legislature 
next to meet after any primary election, so to be held as afore¬ 
said biennially on the third Monday in June, one or more United 
States Senators are to be elected, the nominee, or nominees, for 
such office or offices of each political party shall be chosen at such 
primary election. Nominations therefor shall be made and filed 
as hereinbefore provided. Where but one United States Senator 
is so to be elected, the nomination papers and official ballot shall 
specify simply the office of United States Senator. When, how¬ 
ever, two United States Senators are so to be elected, the nomi¬ 
nation papers and ballots shall by apt words designate the re¬ 
spective terms for which they are to be nominated. 

Sect. 8. Every ballot which shall be printed in accordance 
with the provisions of this act shall contain the names and resi¬ 
dences of all candidates whose nominations have been duly pro¬ 
posed hereunder for any office specified in the ballot, and not 
withdrawn in accordance herewith, and the office for which they 
have been severally proposed through the nomination papers filed 
as aforesaid, and shall contain no other names. The order of 
offices shall be the same as in the regular September election, ex¬ 
cept that when nominations for United States Senators are to be 
made, said office of United States Senator shall be first on said 
ballots. The name of each person for whom as a candidate for 
nomination a valid nomination has been filed shall be printed on 
the ballot in but one place. The names of the candidates for 
nomination to each office shall be arranged under the designa¬ 
tion of the office in alphabetical order, according to surnames. 
There shall be left at the end of each list of candidates for nomi¬ 
nation to each office a blank space or spaces, in which the voter 
may write or paste the name or names of any person or persons 
not printed on the ballot for whom he desires to vote as a nomi¬ 
nee or nominees for such office, the number of blank spaces so 
left to be equal to the number of nominees to be selected 
for such office. The ballot shall be printed so as to give 
each voter a clear opportunity to designate his choice 
for candidates for nomination by making a cross (X) to the 
right of the name of each candidate he wishes to vote for as a 
nominee to each office; and on the ballot shall be printed such 
words as will aid the voters to do this “Vote for one,” “Vote 
for two,” and the like. At the top of the ballot there shall be 
printed in capital letters, “Make a cross (X) in the square to the 
right of the name of the person you wish to vote for. Follow 


In case of pending 
election of U. S. 
Senator. 


How Ballot shall 
be printed. 


Order of offices on 
ballot. 


Arranged in alpha¬ 
betical order. 


May write in 
names not printed 
on ballot. 


How voter must 
mark his ballot. 


What must appear 
on the ballot. 


8 


PRIMARY ELECTION LAW. 


Names must not 
be erased. 


Designating color 
for each party. 


Ballots of Uniform 
size. 


Ballots, notices, 
etc., to be fur¬ 
nished by Secre¬ 
tary of State. 


Secretary of State 
shall furnish lists 
of candidates to be 
posted by town 
clerks. 


Lists shall be ad¬ 
vertised in news¬ 
papers. 


directions as to the number of candidates to be marked for each 
office. Add names by writing or pasting stickers in blank spaces 
and mark cross (X) to right of such names. Do not erase 
names.” The ballots shall be printed on tinted paper, of a sep¬ 
arate tint for each political party, white for the party casting the 
highest vote for Governor at the last preceding state election, 
yellow for the second highest, blue for the third highest, green 
for the fourth highest, other colors for others if any, and brown 
for specimen or sample ballots. They shall be of uniform size 
for all political parties and folded before distribution in marked 
creases so as to be of uniform length and width and conceal the 
interior contents. On the back shall be printed so as to be 
visible when folded, “Official Nominating Ballot,” followed by 
the designation of the polling place for which the ballot is pre¬ 
pared, the date of the primary election and a fac-simile of the 
signature of the Secretary of State. 

Sect. 9. All ballots, printed notices, sample ballots and cards 
of instructions shall be furnished by the Secretary of State, at 
the expense of the State, in the same manner as in the case of 
regular elections. All the expense of the calling and holding of 
the primary elections and the making and forwarding of the re¬ 
turns thereof shall be paid for by the municipalities. All other 
expenses hereunder shall be borne by the State. 

Sect. 10. The Secretary of State shall fourteen days at least 
previous to the day of any primary election transmit to the clerks 
in each city, town and plantation printed lists containing the 
names, residences and party or political appellations of all candi¬ 
dates proposed for nomination as herein provided for such 
election and to be voted for at each polling place in each such 
city, town and plantation respectively substantially in the form 
of the ballot'to be used therein; and the clerks shall immediately 
cause the lists for each plantation, town or ward, as the case may 
be, to be conspicuously posted in one or more public places in 
such plantation, town or ward. The Secretary of State shall 
likewise cause to be published prior to the day of any such 
election hereunder, in at least two newspapers, if there be so 
many, printed or published in each county, representing so far 
as practicable, the political parties which, at the preceding guber¬ 
natorial election, cast the largest and next largest number of 
votes, a list of all the nominations proposed, as herein provided 


PRIMARY ELECTION LAW. 


9 


and to be voted for hereunder in such county, so far as may be 
in the form in which they shall appear upon the general ballots, 

New nominations proposed as hereinbefore provided, to fill va¬ 
cancies, shall be transmitted, posted and published promptly, and 
so far as practicable in the manner herein directed, and commu¬ 
nications transmitted as herein directed by the Secretary of State 
to any clerk shall be duplicated on the succeeding day. 

Sect. II. Not less than seven days before the third Monday Date of Holding 
of June preceding a biennial state election, the selectmen of every Election, 

town, by their warrant, shall notify and warn all legally qualified 
voters to attend at the regular voting places on the third Monday 
in June for the purpose of voting for persons to be nominated by 
their respective political parties as candidates to be voted for 
on the second Monday in September then next ensuing. Said 
warrant shall be in substance as follows: 

PRIMARY ELECTION WARRANT. 

State of Maine : Warran.. 

County of ss. 

To the legal voters of the town of 

You are hereby notified that the primary election in this town, 
of all political parties, entitled by law to nominate candidates for 

the next election, will be held at . on Monday, June 

.next, for the purpose of nominating candidates for 

the following offices to be voted for at the election to be held on 
the second Monday in September next (and when such is the 
fact add “and for choice of candidate, or candidates, for United 
States Senator to be elected by the Legislature next to convene 
in regular session”), viz: 

(Here follow the officers to be nominated.) 

The polls will be open at twelve o’clock, noon, and continue 
open until nine o’clock in the afternoon, when they will close. 

(To be changed from nine o’clock to six o’clock in towns of 
three thousand inhabitants or less.) 

Voters not enrolled as members of a political party entitled to 
nominate candidates will not be permitted to vote. But voters 
entitled to enrollment may cause themselves to be enrolled at the 
polling places during the primary election on taking and subscrib¬ 
ing the oath required by law. 




lO 


PRIMARY ELECTION LAW. 


Enrollment blanks will be furnished by the town clerk on 
application. 

Dated at.this.day of June, 19 . 


Warrants how 
posted. 


Qualification of 
voters, how d^e - 
termined. 


Selectmen of . 

Such warrants shall be posted in the manner required by 
law for warrants for the state election. Like warrants shall be 
issued by the mayor and aldermen of cities and the assessors of 
plantations, with appropriate changes and posted in like manner. 
In plantations and towns of two thousand inhabitants or less the 
provisions as to enrolled voters and enrollment shall be omitted. 
The meetings shall be opened and closed as stated in the form 
of the warrant foregoing. In all such warrants appropriate 
provisions shall be inserted calling the attention of voters to op¬ 
portunities for correction of lists of voters by selectmen, munici¬ 
pal officers or boards of registration in the manner required by 
law. 

Sect. 12. In all such primary elections the qualifications of 
voters in towns and cities of any size shall be determined by the 
lists of the voters used at the municipal elections in said towns 
and cities next preceding the primary election corrected as fol¬ 
lows : In towns having five hundred or more registered voters and 
in all cities having less than four thousand inhabitants, the munic¬ 
ipal officers shall exercise the powers enumerated in section forty 
of chapter five of the Revised Statutes except that applications 
shall be received only on the two secular days next preceding the 
day of the primary election. In towns having less than five hun¬ 
dred voters, the municipal officers shall exercise the powers of 
section forty-one of chapter five of the Revised Statutes. In 
cities having four thousand or more inhabitants the correcting 
of said lists shall be governed by chapter five of the Revised 
Statutes. In plantations the qualifications of voters, as afore¬ 
said, shall be determined by the lists of voters used therein at the 
last preceding state election corrected in the manner provided 
by section forty-one of chapter five of the Revised Statutes. 

Sect. 13. No person shall vote at any primary election unless 
a legally qualified voter at such voting place, as required by the 
preceding section, and, in all cities and in towns of two thousand 








PRIMARY ELECTION LAW. 


11 

inhabitants or more, enrolled as qualified to vote in the caucuses voter must be en- 
of his political party in the manner provided by the general or rolled.Exceptions, 
special laws applicable to said cities, or any of them, or to said 
towns. The selectmen of towns and the wardens of wards in‘ cities cierks must fur- 
shall be seasonably furnished by the town or city clerk, or other certified usts 

' •' _ of enrollment. 

official charged with the duty of preserving the same, with duly 
certified copies of all enrollment lists, arranging each political 
party separately and its names of voters therein alphabetically. If 
not therein enrolled any voter qualified by law and this act as a 
legal voter at such voting place, may be enrolled after subscribing May enroll at poii- 

° ox./ ing places under 

and making oath before a ballot clerk to the statement as required certain conditions. 

by chapter six, sec. one hundred and three. Revised Statutes, and 

the duties imposed upon the secretary of a caucus by said section 

shall be performed by such ballot clerk. A suitable number of 

such statements shall be furnished at each voting place by the 

city or towns; if the number be insufficient, or none be furnished, 

the statement aforesaid may be sworn to as aforesaid and return 

thereof made in like manner as if the same had been subscribed. 

At the polling places in the cities and towns aforesaid each per¬ 
son applying to vote shall give his name, residence, party affil¬ 
iation, and place of last enrollment, if any; if already enrolled in 
the precinct he shall be given a ballot of his party, his name shall 
be checked on the enrollment list; and he shall be admitted to the 
voting booth and vote. If not enrolled and then enrolled as here¬ 
inbefore provided, he shall be given a ballot of his party, checked 
and may vote as aforesaid. In plantations and towns having less 
than two thousand inhabitants, enrollment shall not be neces¬ 
sary and any voter, legally qualified to vote therein, shall, upon 
giving his name and party affiliation, be given a ballot of his 
party, his name checked upon the voting list and he shall be ad¬ 
mitted to the voting booth and vote. No ballot shall be received 
containing any distinguishing mark or figures thereon other than 
as herein expressly permitted. 

Sect. 14. Except as modified or superseded by this act, sec¬ 
tions twenty-three, twenty-four, twenty-five, twenty-six, twenty- 
seven, twenty-nine, thirty, thirty-one, thirty-two and thirty-three 
of Chapter six, R, S., shall apply, so far as necessary thereto, to 
primary elections, except, however, that in designating his choice Ballots, how 

^ 1 1 /-\r\ • 1 1 marked by voter. 

of candidates the voter shall mark a cross (X) m the square to the 
right of the name of each person that he desires to vote for, and 


Secretary of State 
must furnish 
blanks to clerks 
for return of votes. 


Separate record 
for respective 
parties. 


Returns shall be 
attested. 


Clerks must report 
to Secretary of 
State within seven 
days. 


Who shall preside 
at Primary elec¬ 
tions. 


12 PRIMARY ELECTION LAW. 

the voter, if desirous of voting for any person whose name is not 
printed upon the ballot, may do so by writing or pasting such 
name or names in the blank spaces left therefor and marking a 
cross (X) to the right of such name or names. 

Sect. 15. The Secretary of State shall seasonably furnish 
blanks for all voting places on which to make the returns re¬ 
quired hereunder. The names of the candidates shall be printed 
thereon substantially as in the nominating ballot and in the space 
made for the purpose following each name shall be there entered 
the number of votes received in that polling place by each can¬ 
didate. The ballots shall be sorted and the result declared in 
open plantation, town and ward meetings. Such record shall be 
separately made for the political parties respectively having pro¬ 
posed nominees upon the ballot and shall give the number of 
votes lawfully cast for each of the nominees thereon, following 
as near as practicable the order of the political parties, officers 
and nominees thereon, so as to give the detailed result of such 
voting. Returns thereof shall be attested by the selectmen and 
town clerk, in towns, and by the assessors and clerk "in planta¬ 
tions, in like manner as at the biennial election for Governor. 
Such clerks shall cause the returns aforesaid to be delivered at 
the office of the Secretary of State, by mail or otherwise, within 
seven days after such primary election and if not so delivered 
within said seven days like proceedings shall follow as provided 
by Chapter six, sections fifty-five to fifty-eight, both inclusive, of 
the Revised Statutes. In cities, the warden shall preside, as re¬ 
quired by law at state elections, receive the votes of all qualified 
voters present, and, as herein required in case of town meetings,, 
sort, count and declare the results in open ward meetings, and in 
the presence of the ward clerk, who shall make return and a 
record thereof, as in towns, and a fair copy of the record shall be 
attested by the warden and the ward clerk, sealed up in open 
ward meeting and delivered to the city clerk, within twenty-four 
hours after the closing of the polls. And the aldermen of each 
city shall be in session within twenty-four hours after the close 
of the polls in such meetings, and in the presence of the city clerk 
shall open, examine and compare the copies from the lists of 
votes given in in the several wards, of which the city clerk shall 
make a record and a return thereof shall be made into the office 
of the Secretary of State in the same manner as selectmen of 
towns are required to do hereunder. 


PRIMARY ELECTION LAW. 


3 


Sect. i6. The Governor and Council by the first Tuesday of 
July in each year in which a primary election is held hereunder, 
shall open and compare the votes so returned hereunder, and 
have the same tabulated, and may receive testimony on oath to 
prove that the return from any city, town or plantation does not 
agree with the record of the vote of such city, town or plantation, 
in the number of votes or the names of the persons voted for, 
and to prove which of them is correct; and the return, when 
found to be erroneous, may be corrected by the record. No such 
correction can be made without application within seven days 
after the returns are opened and tabulated, stating the error 
alleged, nor without reasonable notice thereof given to the person 
affected by such correction, and during said seven days any per¬ 
son voted for may personally, and by or with counsel, examine 
said returns in the presence of the Governor and Council, or 
either of them, or any member of the Council, or the Secretary 
of State. The person having the highest number of votes for nom¬ 
ination to any office shall be deemed to have been nominated by 
his political party for that office, provided, that when a tie shall 
exist between two or more persons for the same nomination by 
reason of said two or more persons having an equal and the 
highest number of votes for nomination by one party to one and 
the same office, the Secretary of State shall give notice to the 
several persons so having the highest and equal number of votes 
to attend at the office of the Secretary of State at a time to be 
appointed by said Secretary, who shall then and there proceed 
publicly to decide by lot which of the persons so having an equal 
number of votes shall be declared nominated by his party with 
like effect as if there had been no such tie. To ascertain what 
persons have received the highest number of votes, the Governor 
and Council shall count and declare for any person all votes 
appearing by said returns to have been intentionally cast for 
him, although his name upon the returns is misspelled or written 
with only the initial or initials of his Christian name or names, or 
with wrong initials or otherwise as the case may be; and they 
may hear testimony upon oath, in relation to such returns, in order 
to get at the intention of the voters and shall decide accordingly. 
When a return is defective by reason of any informality, an at¬ 
tested copy of the record may be substituted therefor. 


Returns tabulated 
by Governor and 
Council when. 


How corrections 
may be made. 


Tie to be decided 
by drawing lots. 


Intention of voter 
considered. 


Defective return 
may be corrected 


4 


PRIMARY ELECTION LAW. 


Secretary of State 
must notify suc¬ 
cessful candidate. 


Candidate must 
file acceptance 
within seven days. 


Failure to file ac¬ 
ceptance within 
seven days to be 
considered refusal. 


Candidate must 
file return of ex¬ 
penditures. 


Form of same. 


The Secretary of State shall enter in a register of nomina¬ 
tions, to be kept by him for the purpose, the nominations for each 
party so ascertained, and shall forthwith notify by registered 
mail each person who is so nominated. 

Sect. 17. Every candidate, so nominated and notified as 
aforesaid, shall within seven days after the receipt of such noti¬ 
fication, send to the Secretary of State, by registered mail the 
following acceptance: 

To the Secretary of State: 

I, ..of . 

nomination to the office of . 

primary election June.19 


The name of any candidate failing to file such acceptance 
shall not be printed upon the official ballot to be used at the 
state election and failure to file such acceptance within said seven 
days shall be deemed to be a refusal thereof. 


hereby accept the 
. . . ., made at the 


Section 18. Each candidate, so nominated, shall, with such 
acceptance, send to the secretary of State the following return 
by him subscribed and sworn to: 

RETURN OF EXPENDITURES. 

To the Secretary of State: 

I, , of , nominated for 

the office of , at the primary election held on 

June 19 , on oath depose and say that the following is a 

true and perfect return of all expenditures by me made, or lia¬ 
bilities by me incurred for any purpose whatever, except my 
actual personal expenses for postage, telegrams, telephones, sta¬ 
tionery, express and traveling, in connection with my said nomi¬ 
nation, or the procurement thereof, before, at, or since said 
primary election. 

The total amount thereof was $ 

The aforesaid amount is made up of the following: $ 

Printing $ 

Clerk hire $ 







PRIMARY ELECTION LAW. 


15 


Newspaper advertising $ 

Hall rent $ 

Soliciting agents $ 

Miscellaneous $ 

Total $ 

Of the above, the following are itemized: 

PRINTING. 

Name. Date. Amount 


(The subdivisions of clerk hire, newspaper advertising, hall 
rent and soliciting agents shall follow the foregoing form.) 

MISCELLANEOUS. 

Name. Date. Amount. Purpose. 

I further depose and say that no person, firm or corporation 
has with my knowledge and consent paid any sum, or incurred 
any liability, other than to myself, or my political agent, to pro¬ 
cure, or to aid in procuring, my nomination aforesaid. 

Dated A. D. 19 . 

STATE OF MAINE 

County, ss. A. D. 19 . 

Personally appeared and made oath that the 

foregoing return by him signed is true. 

Before me. 

Justice of the Peace. 

If any statement in said return is wilfully false it shall be 
deemed to be perjury and shall be punished accordingly. No ex¬ 
penditures shall be so made, or liabilities so incurred except for 
the purposes named aforesaid in said return. The subdivision 
“Miscellaneous” shall not exceed ten per cent, of the total 
amount hereinafter permitted, and shall include no items not 
legitimate under chapter one hundred twenty-two of the public 
laws of nineteen hundred eleven, as now or hereafter amended, 
subsections (d) and (e) of section five of which act as applied 
to primary elections, are to be construed as if reading as fol¬ 
lows: ‘(d) of renting and furnishing rooms to be used by can¬ 
didates or their political agents, and for the reasonable enter¬ 
tainment and refreshment exclusive of alcoholic beverages, of 
political agents;’ ‘(e) of compensating clerks and other persons 
employed in candidates’ rooms and at the polls.’ Political agents 


False statements 
shall be furnished. 


i6 


PRIMARY ELECTION LAW. 


Returns open to 
inspection for one 
year and then 
destroyed. 


Penalty for incur¬ 
ing liability to aid 
in nomination of 
candidate without 
his consent. 


U. S. senator must 
file return of ex¬ 
penditures or for¬ 
feit nomination. 


Limitation of ex¬ 
penses. 


of candidates appointed under the provisions of said chapter one 
hundred twenty-two shall, within fifteen days after the date of the 
primary election, make to the secretary of State the return re¬ 
quired by this section of candidates, omitting only therefrom any 
sums expended by them for the actual personal expenses of the 
candidate for postage, telegrams, telephones, stationery, express, 
and travelling; and the form of the return shall be varied ac¬ 
cordingly. Candidates who are their own political agents need 
not make a separate return in the latter capacity. Any political 
agent failing to make return within the time required, shall be 
fined twenty-five dollars for each day on which he is in default, 
unless he shall be excused by the court, but such failure shall not 
avoid nor affect the nomination of the candidate. 

The returns aforesaid shall be open to public inspection for 
one year and then be destroyed. The failure of any candidate 
to file a return within the time required by this act, shall render 
his nomination void. 

Sect. 19. No person, firm or corporation shall directly or 
indirectly or by any device whatsover pay any sum, or incur any 
liability, to procure or to aid in the procurement of the nomina¬ 
tion of any candidate so to be voted for as aforesaid at any 
primary election without the knowledge and consent of such 
candidate. Whoever violates the provisions of this section for¬ 
feits five hundred dollars to be recovered by indictment. 

Sect. 20. Candidates chosen for United States senators, as 
aforesaid, shall file like acceptances and make like returns. If 
any such candidate fails so to do, his nomination at the primary 
election shall be deemed to be void. 

Sect. 21. The expenditures to be made, and liabilities incurred, 
for which returns are to be made as hereinbefore provided, shall 
not exceed in amount for each candidate the following: In case 
of nominations for any office to be filled by the voters of the state 
one thousand five hundred dollars, for members of Congress five 
hundred dollars, for state senators and county officers one hun¬ 
dred and fifty dollars for each ten thousand votes cast for gov¬ 
ernor within the county at the last preceding gubernatorial 
election or fraction thereof, for members of legislature in repre¬ 
sentative districts having three representatives or more, one hun¬ 
dred dollars, in other representatve districts fifty dollars, for 
United States Senator one thousand five hundred dollars. When- 


PRIMARY ELECTION LAW. 


17 


ever such expenditures and liabilities exceed the foregoing limita¬ 
tions, upon proof thereof to the satisfaction of the Secretary of 
State, after complaint, notice and hearing, or upon the admission 
of the fact by the candidate in his return, the finding of such fact 
by the Secretary of State, shall be deemed to be a withdrawal by wuhiriegti UmU 
such candidate and the vacancy shall be filled in like manner as deemed a with- 
if such candidate had filed a withdrawal in writing. drawai. 

Section 22. In case any candidate, except for the United , , 

C. O' 11 . In case of death or 

otates benate, who has been duly nominated as the result of any withdrawal of Can- 
primary election hereunder, shall die before the day of the guber- 
natorial election, or shall withdraw in writing, or shall forfeit his 
nomination by failure to accept, or to file return, as provided 
in sections seventeen and eighteen, the vacancy may be supplied 
by the political party of such nominee by any convention of dele¬ 
gates or appropriate caucus, under the provisions of sections two, 
three, and seven of chapter six of the Revised Statutes, or if the 
time is insufficient therefor, then the vacancy may be supplied by 
the regularly elected state, congressional district, county, town, 
city, plantation or representative class committee, as the case may 
be, of such political party. The certificate of nomination, made for 
supplying such vacancy, shall state, in addition to the other facts how new name 
required by this section, the name of the original nominee, the ^^baUot 
facts causing the vacancy and the measures taken in accordance 
wdth the above requirements for filling the vacancy; said certifi¬ 
cate shall be accompanied by the withdrawal, if any, and shall be 
signed and sworn to by the presiding officer or secretary of the 
convention or caucus, or by the chairman or secretary of the 
duly authorized committee, as the case may be. The name so 
supplied for the vacancy shall, if the ballots have not been 
printed for the office already, be placed on the ballots instead of 
the original nomination; or, if the ballots have been printed, new 
ballots containing the new nomination shall, whenever practica¬ 
ble, be furnished, or slips containing the new nomination shall 
be printed under the direction of the secretary of State, which 
may be pasted in proper place upon the ballots and thereafter 
shall become part and parcel of said ballots as if originally 
printed thereon. 

Section 23. In case any nominee for United States senator, in case of death or 
nominated hereunder, shall die before the meeting of the legis- s.'^senat^r! ^ 
lature at which such office is to be filled, or shall before that 


i8 


PRIMARY ELECTION LAW. 


Certain sections of 
Revised Statutes 
applicable. 


Elections to be 
conducted as near¬ 
ly as possible to 
biennial elections 
except where in¬ 
consistent. 


time withdraw in writing, or shall forfeit his nomination by fail¬ 
ure to accept or to file return, as provided in sections seventeen 
and eighteen, a State primary election shall be ordered by procla¬ 
mation of the governor, at such date as he deems best, conform¬ 
ing as near as may be practicable to the provisions of this act, 
but in that event the governor in said proclamation shall fix the 
time within which and when the returns shall be received and 
the result declared. Candidates so chosen shall be subject to the 
provisions of this act regulating acceptances and returns by can¬ 
didates for United States senator. 

Sect. 24. When special elections are to be held for any of¬ 
fice as required or permitted by law, primary elections for the 
nomination of candidates to be voted for thereat shall be held at 
such time as shall be ordered by the Governor by proclamation 
and, so far as practicable, all the provisions hereof shall be appli¬ 
cable thereto. Candidates so nominated shall file acceptances and 
returns of expenditures as hereinbefore provided. 

Sect. 25. Except as modified or superseded by this act, and 
so far as the same may be necessary for the purposes hereof, and 
where not inconsistent herewith, chapter five of the Revised 
Statutes, and all acts additional thereto and amendatory thereof, 
are hereby made applicable to primary elections. 

Sect. 26. Except as modified or superseded by this act, 
and so far as the same may be necessary for the purpose hereof, 
and where not inconsistent herewith, the following sections of 
chapter six of the Revised Statutes with all acts additional 
thereto and amendatory thereof, are hereby made applicable to 
primary elections and all doings, therefor, thereat or thereafter, 
for the purposes thereof and of this act; sections eleven, thir¬ 
teen, sixteen, eighteen, nineteen, twenty, twenty-one, twenty-two, 
thirty-six, thirty-seven, thirty-eight, thirty-nine, forty, forty-one, 
forty-four, sixty-one, sixty-two, sixty-three, sixty-four, seventy- 
five, seventy-six to one hundred, both inclusive, one hundred and 
eighteen to one hundred and twenty-two, both inclusive, and one 
hundred and thirty-three to one hundred and thirty-six, both in¬ 
clusive. 

Sect. 27. In construing the provisions of this act and of all 
sections of the Revised Statutes, with all acts additional thereto 
and amendatory thereof, hereby made applicable as aforesaid to 
the primary elections to be held hereunder and to all matters 


PRIMARY ELECTION LAW. 


19 


herein contained before and after such primary election, mate¬ 
rial to the purposes thereof, they shall, as to the duties of offi¬ 
cers, forms, blanks, ballots, elections, warrants, returns, and all 
other matters, so far as necessary for accomplishing the purposes 
of this act, be understood and interpreted as though said prim¬ 
ary election is a separate election for each political party making 
its nominations hereunder, and to be conducted as to that party 
as nearly as practicable the same as the regular biennial state 
elections in September are conducted for all the electors except 
in so far as the manner of proceeding before, at and after said 
September election may be modified or changed by this act for 
the purposes of said primary elections. The provisions of this 
act do not modify or in any manner control the proceedings at 
the regular biennial state elections except in so far as they may 
be herein expressly and directly amended. ^ ^ , 

Sect. 28. All acts or parts of acts inconsistent herewith or consisten^t, re¬ 
contrary to the provisions of this act, are hereby repealed. pealed. 

Sect. 29. Every political party entitled by law to represen¬ 
tation upon the official ballot at state elections held biennially on aii parties must 
the second Monday in September, or at any special election for 
state or county officers or for members of Congress or members 
of the legislature, shall nominate all its candidates for such 
offices, to be voted for at such elections, under the provisions of 
this act and not in any other manner. 

Sect. 30. All accounts for expenditures by the state hereun¬ 
der shall be approved in the manner required by law and after Expenditures m- 

1 >11111 i> curred by the state, 

approval the Crovernor and Council shall draw their warrant how paid, 
against any money in the treasury not otherwise appropriated in 
payment thereof. 

Section 31. There shall be provided or furnished by the Number of Ballots 
secretary of State for each voting place or precinct at wffiich to be printed, 
an election is to be held, not less than sixty of each party primary 
nominating ballot for every fifty votes and fraction of fifty votes 
cast by that party in said voting place or precinct at the next pre¬ 
ceding election, city, county. State or national, corresponding to 
the election for which said primary election is to be held and for 
which said ballots are provided. If the city, town or plantation 
clerk deems that more than the above number of ballots may be 
required by any party on account of an increased enrollment, he 
shall so certify, on or before the date for filing primary nomina¬ 
tion papers, to the Secretary of State, who shall add the number obtahiel^^°^* 
so asked for to the number of primary nominating ballots sent 
to that city, town, or plantation. 


C 

















